Publications - Dispute Resolution: Litigation and Arbitration
Andean Community arbitrators need to request a preliminary interpretation in order to apply community laws
The Andean Community Court of Justice (Tribunal de Justicia de la Comunidad Andina or TJCA) has clarified the cases in which arbitrators can request a “preliminary interpretation” (interpretación prejudicial) in the arbitration…
China Issues its 'Blocking Statute'
On June 10, 2021, China’s National People’s Congress Standing Committee passed the Anti-Foreign Sanction Law which comes into effective immediately. Similar to the EU’s “Blocking Statute”, the Law created a legal…
The potential liabilities for the ‘Ever Given’ incident presages claims worth millions
Determining the causes of the accident will make it clear who can claim from whom, where, what procedure to use, and the applicable law. Parallel claims are foreseeable including possible action for recovery from the various insurance companies…
Recreational craft: royal decree on safety and pollution prevention equipment published in Official State Gazette
On May 19 the Official State Gazette published Royal Decree 339/2021 of May 18 on the safety and pollution prevention equipment of recreational craft.
Supreme Court endorses bringing of direct action by carrier against main shipper in carriage by land
The Supreme Court has endorsed the bringing of direct action by the carrier against the main shipper, even if a court insolvency order has been issued on the intermediary that contracted it. In this judgment, delivered on March 3, 2021, the court…
Spain leads the way in groundbreaking R&D&I projects on aeronautical logistics using drones
The future of mobility features the aeronautical industry which, with its constant concern for R&D&I, is becoming a vector for sustainable growth in the medium and long term with groundbreaking and innovative projects.
Government proposes amendments to basic shipping and ports laws
Some of the projected changes are aimed at making the Canary Islands Special Register of Vessels and Shipping Companies more competitive, removing the minimum amount for arresting vessels or the regulations of unmanned ships.
Keys to the enforcement of foreign arbitration awards in mainland China
China has been building up and improving its legal regime for recognition and enforcement of foreign awards since the nation joined the New York Convention in the 1980’s. In this article we give an overview on the key issues regarding the…
Reform of the Peruvian Arbitration Law: a threat to international arbitration in the country?
On 17 February, the Peruvian Congress presented Bill No. 7161/2020-CR amending the Arbitration Law, which alters some of the requirements for arbitrations in Peru. The aim of the reform, it has been pointed out, is to include minimum quality…
International Arbitration Newsletter - April 2021
COVID-19: Termination of the general suspension of procedural periods and procedures in Portugal
As a result of the improving epidemiological situation in Portugal, and in the implementation of a government strategy for gradually lifting lockdown measures adopted within the scope of the fight against the COVID-19 pandemic, the regime for the…
International Arbitration Newsletter - March 2021